By: Kacal H.J.R. No. 4
A JOINT RESOLUTION
proposing a constitutional amendment authorizing the denial of bail
to an accused person if necessary to ensure the person's appearance
in court and the safety of the community, law enforcement, and the
victim of the alleged offense, and requiring the denial of bail to a
person accused of capital murder or a sexual offense involving
children under most circumstances.
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article I, Texas Constitution, is amended by
adding Sections 11d and 11e to read as follows:
Sec. 11d. (a) A person accused of a violent or sexual
offense, or other offenses as authorized by the legislature by law,
may be denied bail pending trial if a judge or magistrate determines
that requiring bail and conditions of release is insufficient to
reasonably ensure:
(1) the person's appearance in court as required; or
(2) the safety of the community, law enforcement, or
the victim of the alleged offense.
(b) This section may not be construed to require additional
hearings or procedures, other than those authorized or required by
the legislature before a judge or magistrate makes a bail decision,
before a person may be denied bail in accordance with this section.
(c) In this section, "violent offense" and "sexual offense"
have the meanings assigned by Section 11a of this article.
Sec. 11e. (a) A person accused of capital murder or a
sexual offense involving a victim younger than 17 years of age, must
be denied bail pending trial unless a judge or magistrate
determines by clear and convincing evidence that extraordinary
circumstances allow the judge or magistrate to set bail and
conditions of release sufficient to reasonably ensure:
(1) the person's appearance in court as required; and
(2) the safety of the community, law enforcement, and
the victim of the alleged offense.
(b) In this section, "sexual offense" has the meaning
assigned by Section 11a of this article.
SECTION 2. This proposed constitutional amendment shall be
submitted to the voters at an election to be held November 2, 2021.
The ballot shall be printed to permit voting for or against the
proposition: "The constitutional amendment authorizing the denial
of bail to an accused person if necessary to ensure the person's
appearance in court and the safety of the community, law
enforcement, and the victim of the alleged offense, and requiring
the denial of bail to a person accused of capital murder or a sexual
offense involving children under most circumstances."